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NY M87176




October 24, 2006

CLA-2-62:RR:NC:TA:357 M87176

CATEGORY: CLASSIFICATION

TARIFF NO.: 6210.40.5040

Ms. Rhoda A. Salus
Sandler, Travis & Rosenberg, P.A.
5200 Blue Lagoon Drive
Miami, FL 33126-2022

RE: The tariff classification of a men’s hunting overall from China

Dear Ms. Salus:

In your letter dated October 2, 2006, on behalf of Russell Corporation, you requested a classification ruling. A sample was submitted and is being returned as you requested.

The item in question, style 4427, “Whistling Wings Bib,” is a men’s bib and brace overall made from knit and woven fabric in a camouflage print pattern. The front bib extends high upon the chest and is joined to the back bib with elasticized suspenders. The garment has a partially covered two-way front zipper, slant pockets above the waist, belt loops and adjustment tabs at the waist, mesh pockets on the thighs, side-seam zippers covered by a flap and extending from the ankle to just below the waist, a full lining quilted to a nonwoven insulating batting and a zippered back pocket.

The front and back portions of the shell fabric above the waist, the front thigh area and a section of each leg below the knee in the rear are made from a 100% polyester warp knit brushed fabric, while the rear upper leg areas and seat and the lower leg area in front and back are made from a 100% polyester woven fabric. According to your letter the knit fabric comprises 53% of the exterior surface, while the woven comprises 47%. Both fabrics have a visible plastics lamination on the inner surface.

The knit portions do not impart the essential character to the garment; therefore, classification will be in Chapter 62, HTSUS.

The applicable subheading for the bib and brace overalls will be 6210.40.5040, Harmonized Tariff Schedule of the United States (HTSUS), which provides for other men’s or boys’ garments made up of fabrics of heading 5602, 5603, 5903, 5906 or 5907, of man-made fibers: overalls and coveralls. The duty rate will be 7.1 percent ad valorem.

Duty rates are provided for your convenience and are subject to change. The text of the most recent HTSUS and the accompanying duty rates are provided on World Wide Web at http://www.usitc.gov/tata/hts/.

These bib and brace overalls fall within textile category 659. With the exception of certain products of China, quota/visa requirements are no longer applicable for merchandise which is the product of World Trade Organization (WTO) member countries. The textile category number above applies to merchandise produced in non-WTO member-countries. Quota and visa requirements are the result of international agreements that are subject to frequent renegotiations and changes. To obtain the most current information on quota and visa requirements applicable to this merchandise, we suggest you check, close to the time of shipment, the “Textile Status Report for Absolute Quotas” which is available on our web site at www.cbp.gov. For current information regarding possible textile safeguard actions on goods from China and related issues, we refer you to the web site of the Office of Textiles and Apparel of the Department of Commerce at otexa.ita.doc.gov.

This ruling is being issued under the provisions of Part 177 of the Customs Regulations (19 C.F.R. 177).

A copy of the ruling or the control number indicated above should be provided with the entry documents filed at the time this merchandise is imported. If you have any questions regarding the ruling, contact National Import Specialist William Raftery at 646-733-3047.

Sincerely,

Robert B. Swierupski
Director,

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